Employment Law Questions? Ask an Employment Lawyer.
Hi, my name is XXXXX XXXXX I will be glad to help in any way I can,
I am sorry to hear about the difficult situation at your job. What do you mean that you got suspended for "touching your phone"?
I apologize I ment to say I was using my phone while the store was slow
Thank you for your reply, Melani,
I apologize for he questions, but that is the only way I can give you an accurate Answer according to your situation,
1. Does the employer have a written policy for lengths of suspensions ?
2. Do you have a formal written Employment Agreement with your employer ?
unfortunately I don't know what the policy is for suspensions. I looked it up on the website and it says pending investigation but only on certain offenses which non contain what I was suspended for. But it also says for Mrg which I don't know what that is. I can send you the link if you need me to
Thank you for your reply, Melani,
I do not think I will need the link.
"Can they suspend me without telling me how long"
If the employer has a certain period of time for suspensions for specific "transgressions", then the employer would have an obligation to adhere to those guidelines. If they have a suspension policy, which apparently they do, then you should call your supervisor and ask because you are entitled to know. Florida is an "At Will" employment State which means that the employee can leave the employment relationship at any time without any liability to the employer and the employer can similarly terminate the employee at any time for any reason, or no reason without any liability to the employee. At this stage, they have left you in "limbo" because you do not know the length of the suspension, nor do you know if they will call you back to work and this is just not fair and its not right. Okay, so you used your phone; couldn't your boss just say not to do it again. They seem to be making a big deal over something very minor, but it is taking its toll out on you because you have a young child, you have bills to pay, and everything ellse that goes along with being a mother.
This might sound harsh, but unless you are really crazy about this job, it would be a good idea to look around and see what is available since you are not working right now anyway. I am a firm believer that one should never put all their eggs in one basket, it's always good to have a backup plan, something to fall back on. And, since it does not appear that the employer has any formal suspension policy in place, they can keep you in the dark for as long as they want without any liability to you.
I wish I could give you the Answer you want to hear, and it would have given megreat pleasure to do so, but I have an ethical obligation to you to give only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because you are rating my service to you and not if you like or agree with the law,
Please be kind enough to give a rating of "Excellent Service" because that is the only way that I will receive credit for my time and effort in researching your question and furnishing you with Answers. It will not cost you anything additional to leave a positive rating,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).